Opinion
Submitted April 6, 1953
Decided April 16, 1953
Appeal from the Supreme Court, Appellate Division, First Department.
Denis M. Hurley, Corporation Counsel ( Pauline K. Berger, Seymour B. Quel and W. Bernard Richland of counsel), for motion to dismiss appeal and in opposition to motion for leave to appeal.
Paxton Blair and Edward M. Edenbaum for motion for leave to appeal and in opposition to motion to dismiss appeal.
Motion to dismiss appeal granted upon the ground, among others, that no constitutional question was properly raised in the Appellate Division. (See, e.g., Matter of O'Neill v. Board of Regents, 298 N.Y. 777; see, also, Cohen and Karger, Powers of the New York Court of Appeals, pp. 251-252.) Motion for leave to appeal denied.